Bill Text: IL HB5180 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Deletes language providing that, in any case where a licensee appeals to the Illinois Liquor Control Commission from an order or action of the local liquor control commission having the effect of refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the State Commission. Provides that an immediate suspension issued by a local liquor control commissioner under a specified provision does not constitute a first or second suspension within the preceding 12-month period. Provides that an Illinois circuit court with jurisdiction over the matter shall have exclusive jurisdiction to review an appeal of an immediate suspension by a local liquor control commissioner. Deletes language requiring the State Commission to render a decision affirming, reversing, or modifying an order or action within 30 days after the appeal was heard. Provides that, if a rehearing is granted by the State Commission, the State Commission shall hold the rehearing and render a decision within a reasonable time from the petition filing date (instead of 20 days from the filing of the application for rehearing with the secretary of the commission). Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5180 Detail]

Download: Illinois-2023-HB5180-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5180 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
235 ILCS 5/7-9 from Ch. 43, par. 153
235 ILCS 5/7-10 from Ch. 43, par. 154
Amends the Liquor Control Act of 1934. Deletes language providing that, in any case where a licensee appeals to the Illinois Liquor Control Commission from an order or action of the local liquor control commission having the effect of refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decision of the State Commission. Provides that an immediate suspension issued by a local liquor control commissioner under a specified provision does not constitute a first or second suspension within the preceding 12-month period. Provides that an Illinois circuit court with jurisdiction over the matter shall have exclusive jurisdiction to review an appeal of an immediate suspension by a local liquor control commissioner. Deletes language requiring the State Commission to render a decision affirming, reversing, or modifying an order or action within 30 days after the appeal was heard. Provides that, if a rehearing is granted by the State Commission, the State Commission shall hold the rehearing and render a decision within a reasonable time from the petition filing date (instead of 20 days from the filing of the application for rehearing with the secretary of the commission). Makes other changes.
LRB103 39437 RPS 69628 b
A BILL FOR
HB5180 LRB103 39437 RPS 69628 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
changing Sections 7-9 and 7-10 as follows:
(235 ILCS 5/7-9) (from Ch. 43, par. 153)
Sec. 7-9. Appeals.
(a) Except as provided in this Section, any order or
action of a local liquor control commissioner levying a fine
or refusing to levy a fine on a licensee, granting or refusing
to grant a license, revoking or suspending or refusing to
revoke or suspend a license or refusing for more than 30 days
to grant a hearing upon a complaint to revoke or suspend a
license may, within 20 days after notice of such order or
action, be appealed by any resident of the political
subdivision under the jurisdiction of the local liquor control
commissioner or any person interested, to the State
Commission.
(b) In any case where a licensee appeals to the State
Commission from an order or action of the local liquor control
commission having the effect of suspending or revoking a
license or , denying a renewal application, or refusing to
grant a license, the licensee shall resume the operation of

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the licensed business pending the decision of the State
Commission and the expiration of the time allowed for an
application for rehearing. If an application for rehearing is
filed, the licensee shall continue the operation of the
licensed business until the denial of the application or, if
the rehearing is granted, until the decision on rehearing.
(c) In any case in which a licensee appeals to the State
Commission a suspension or revocation by a local liquor
control commissioner that is the second or subsequent such
suspension or revocation placed on that licensee within the
preceding 12-month 12 month period, the licensee shall
consider the suspension or revocation to be in effect until a
reversal of the local liquor control commissioner's action has
been issued by the State Commission and shall cease all
activity otherwise authorized by the license. The State
Commission shall expedite, to the greatest extent possible,
its consideration of any appeal that is an appeal of a second
or subsequent suspension or revocation within the past 12
month period. For purposes of this Section, an immediate
suspension issued by a local liquor control commissioner
pursuant to Section 7-5 does not constitute a first or second
suspension within the preceding 12-month period. An Illinois
circuit court with jurisdiction over the matter shall have
exclusive jurisdiction to review appeals of immediate
suspensions issued pursuant to Section 7-5.
(d) The appeal shall be limited to a review of the official

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record of the proceedings of such local liquor control
commissioner if the county board, city council or board of
trustees, as the case may be, has adopted a resolution
requiring that such review be on the record. If such
resolution is adopted, a certified official record of the
proceedings taken and prepared by a certified court reporter
or certified shorthand reporter shall be filed by the local
liquor control commissioner within 5 days after notice of the
filing of such appeal, if the appellant licensee pays for the
cost of the transcript. The State Commission shall review the
propriety of the order or action of the local liquor control
commissioner and shall consider the following questions:
(1) (a) whether the local liquor control commissioner
has proceeded in the manner provided by law;
(2) (b) whether the order is supported by the
findings;
(3) (c) whether the findings are supported by
substantial evidence in the light of the whole record.
(e) The only evidence which may be considered in the
review, shall be the evidence found in the certified official
record of the proceedings of the local liquor control
commissioner. No new or additional evidence shall be admitted
or considered. The State Commission shall render a decision
affirming, reversing, or modifying the order or action
reviewed within 30 days after the appeal was heard.
(f) In the event such appeal is from an order of a local

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liquor control commissioner of a city, village or incorporated
town of 500,000 or more inhabitants, granting or refusing to
grant a license or refusing for more than 30 days to grant a
hearing upon a complaint to revoke or suspend a license, the
matter of the propriety of such order or action shall be tried
de novo by the license appeal commission as expeditiously as
circumstances permit.
(g) In the event such appeal is from an order or action of
a local liquor control commissioner of a city, village or
incorporated town of 500,000 or more inhabitants, imposing a
fine or refusing to impose a fine on a licensee, revoking or
suspending or refusing to revoke or suspend a license, the
license appeal commission shall determine the appeal by a
review of the official record of the proceedings of such local
liquor control commissioner. A certified record of the
proceedings shall be promptly filed with the license appeal
commission by such local liquor control commissioner after
notice of the filing of such appeal if the appellant licensee
pays for the cost of the transcript and promptly delivers the
transcript to the local liquor control commission or its
attorney. The review by the license appeal commission shall be
limited to the questions:
(1) (a) whether the local liquor control commissioner
has proceeded in the manner provided by law;
(2) (b) whether the order is supported by the
findings;

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(3) (c) whether the findings are supported by
substantial evidence in the light of the whole record.
No new or additional evidence in support of or in opposition to
such order or action under appeal shall be received other than
that contained in such record of the proceedings. Within 30
days after such appeal was heard, the license appeal
commission shall render its decision in accordance with the
provisions of Section 7-5.
(h) In cities, villages and incorporated towns having a
population of 500,000 or more inhabitants, appeals from any
order or action shall lie to the license appeal commission of
such city, village or incorporated town. All of the provisions
of this Section and Section 7-10 relative to proceedings upon
appeals before the State Commission and relative to appeals
from the decisions of the State Commission shall apply also to
proceedings upon appeals before any license appeal commission
and appeals from the decisions of license appeal commission.
(i) In any trial de novo hearing before the State
Commission or license appeal commission, the local liquor
control commissioner shall be entitled to 10 days notice and
to be heard. All such trial de novo hearings shall be open to
the public and the Illinois Liquor Control Commission and the
license appeal commission shall reduce all evidence offered
thereto to writing.
(j) If after trial de novo hearing or review as provided
herein, the State Commission or the license appeal commission

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(as the case may be) shall decide that the license has been
improperly issued, denied, revoked, suspended or refused to be
revoked or suspended or a hearing to revoke or suspend has been
improperly refused or that the licensee has been improperly
fined or not fined, it shall enter an order in conformity with
such findings, which order shall be in writing.
(k) A certified copy of the order shall be transmitted to
the particular local liquor control commissioner and it shall
be the duty of the local liquor control commissioner to take
such action as may be necessary to conform with the order.
(l) In any trial de novo hearing before the State
Commission or the license appeal commission, the licensee
shall submit to examination and produce books and records
material to the business conducted under the license in like
manner as before the local liquor control commissioner, and
the failure of the licensee to submit to such an examination or
to produce such books and records, or to appear at the hearing
on such appeal, shall constitute an admission that he has
violated the provisions of this Act. In the event the appeal is
from an order of the local liquor control commissioner denying
a renewal application, the licensee shall have on deposit with
the local liquor control commissioner an amount sufficient to
cover the license fee for the renewal period and any bond that
may be required.
(Source: P.A. 88-613, eff. 1-1-95.)

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(235 ILCS 5/7-10) (from Ch. 43, par. 154)
Sec. 7-10. Service. A copy of the rule, regulation, order
or decision of the State commission or the license appeal
commission, in any proceeding before it, certified under the
seal of said commission, shall be served upon each party of
record to the proceeding before the commission and service
upon any attorney of record for any such party shall be deemed
service upon such party. Each party appearing before said
commission shall enter an his appearance and indicate to the
commission a physical or electronic his address for the
service of a copy of any rule, regulation, order, decision or
notice and the mailing of a copy of any rule, regulation or
order of said commission or of any notice by said commission,
in said proceeding, to said party at such address shall be
deemed service thereof upon such party.
Within 20 days after the service of any rule, regulation,
order or decision of said commission upon any party to the
proceeding, such party may apply for a rehearing in respect to
any matters determined by said commission. If a rehearing is
granted, the commission shall hold the rehearing and render a
decision within a reasonable time from the petition filing
date 20 days from the filing of the application for rehearing
with the secretary of the commission. The time for holding
such rehearing and rendering a decision may be extended for a
period not to exceed 30 days, for good cause shown, and by
notice in writing to all parties of interest. No action for the

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